The workers’ compensation system is supposed to make it easier to recover money if you get hurt on the job in Johns Creek. But a workers’ compensation claim can easily leave you battling an insurance company that says you’re making up or exaggerating your injuries.
You have a right to workers’ compensation benefits, and it’s frustrating when you can’t get the money you need for treatment that will help you recover and get back to work. If you have been injured at work, you need to talk to a Johns Creek workers’ compensation lawyer.
The Johns Creek personal injury lawyers of John Foy & Associates have more than 20 years of experience helping workers get the money they are due in workers’ compensation claims. We know how the system works and the games insurance companies like to play—and we get results. Let us give you a free consultation to talk about your claim.
How Do I Know if I Need a Workers’ Comp Attorney?
After a workplace injury, you may wonder if you need a workers’ compensation attorney. While not every case requires legal help, certain situations make hiring an attorney essential to protect your rights and ensure you receive the benefits you deserve.
When You Can Handle the Claim Yourself
You may not need an attorney if:
- Your Injury Is Minor: For simple injuries like a small cut or bruise that heal quickly without extensive medical treatment
- Your Employer Cooperates: If your employer acknowledges the injury, supports your recovery, and ensures your benefits are processed
- Your Benefits Are Paid Fully and On Time: When medical expenses and lost wages are covered without delays or disputes
In these cases, the process is often straightforward, and you can handle the claim independently.
When You Should Hire an Attorney
Legal assistance becomes crucial when:
- Your Claim Is Denied: If your employer or insurer denies your claim, a Johns Creek workers’ comp lawyer can help you appeal and gather evidence to prove your case.
- Your Benefits Are Delayed or Stopped: An attorney can intervene if payments aren’t arriving on time or are prematurely cut off.
- Your Injury Is Severe or Permanent: For serious injuries like traumatic brain injury (TBI) or spinal cord injuries, calculating the full value of your claim can be challenging. A lawyer ensures you don’t settle for less than you deserve.
- Your Employer Retaliates: If your employer punishes you for filing a claim, such as firing or demoting you, a lawyer can protect you from retaliation.
- Your Claim Is Disputed: If your employer or insurer questions the severity of your injury or whether it’s work-related, an attorney can build a strong case on your behalf.
How an Attorney Can Help
A Johns Creek workers’ compensation attorney can:
- File the necessary paperwork and meet critical deadlines
- Gather medical records, witness statements, and other evidence to support your claim
- Negotiate with the insurance company to maximize your benefits
- Represent you in hearings or appeals if your claim is denied
If you’re unsure whether you need a workers’ compensation attorney, it’s always worth seeking a free consultation. Legal advice can help clarify your situation and ensure you’re taking the right steps to protect your rights.
Get the strong arm
Who Is Covered by Workers’ Compensation?
Workers’ compensation typically covers most employees who are injured or become ill as a direct result of their job. However, coverage can vary based on the type of work, the state’s laws, and the employer’s specific policies. Here’s a breakdown of who is generally covered:
Employees Usually Covered
- Full–Time and Part–Time Employees: Most workers hired directly by a company are covered, regardless of their hours.
- Seasonal Workers: In many cases, workers hired for a short-term or seasonal job are eligible.
- Minors: Employees under 18 are typically covered, especially if the injury occurs while performing authorized job duties.
- Undocumented Workers: In many states, workers’ compensation benefits apply to undocumented workers injured on the job.
Workers Who May Not Be Covered
- Independent Contractors: Freelancers and other independent contractors are usually excluded from coverage. However, some employers may misclassify employees as contractors to avoid paying benefits.
- Business Owners: Owners, sole proprietors, and some LLC members may not automatically be covered unless they opt into a policy.
- Volunteers: Unpaid roles generally do not qualify, but exceptions exist for certain types of volunteer work, like firefighting.
Special Considerations
Coverage and eligibility can vary by state. If you’re unsure about your status, it’s best to confirm with your employer or consult a legal professional who understands your state’s workers’ compensation laws.
In the state of Georgia, every employer regularly employing three or more people has to carry workers’ compensation insurance. If you’re having trouble determining your eligibility or facing challenges with your claim, a workers’ compensation attorney in Johns Creek can provide guidance and help ensure your rights are protected.
What Does Workers’ Compensation Do?
Workers’ compensation, or “workers’ comp,” is a system designed to replace lawsuits in local courts for workplace injuries. Instead of suing, injured employees receive benefits through their employer’s workers’ compensation insurance. This system offers significant advantages:
- Faster Compensation: Workers’ comp claims are resolved much quicker than lawsuits, meaning injured employees receive payments sooner.
- No Need to Assign Blame: You don’t have to prove who caused your injury—only that it happened while on the job. This makes it easier and less stressful to file a claim without blaming your employer or co-workers.
Workers’ compensation ensures insurance funds are available to cover injury costs. Importantly, claims don’t come out of your employer’s pocket, relieving concerns about harming their finances.
Contrary to misconceptions, workers’ comp isn’t a handout. It’s insurance—like your car insurance—funded through employer premiums and, in some cases, deductions from your paycheck. It’s there to protect you. Don’t hesitate to use it.
We Handle Workers’ Comp Claims for Many Workplace Accidents
Workplace injuries occur in various industries, often from unsafe conditions or a lack of proper safety measures. Our workers’ comp attorneys assist with claims involving:
- Commercial Trucking Accidents: Driver or cargo worker injuries from collisions while operating or working around trucks
- Construction Accidents: Falls, equipment mishaps, or injuries from unsafe worksites
- Lifting Injuries: Strains or tears caused by improper handling of heavy objects
- Injuries From Conveyors: Accidents involving conveyor belts in factories or warehouses
- Repetitive Injuries: Like carpal tunnel syndrome, from continuous strain
- Long–Term Exposure: Illness caused by ongoing exposure to hazardous materials
- Auto Accidents: Injuries sustained while driving for work-related tasks
- Common Workplace Accidents: Slip and falls, falls from height, forklift accidents, and a variety of other types of accidents
Contact a Johns Creek Workers’ Compensation Law Firm
A workers’ compensation claim can feel overwhelming, especially when you’re up against insurance companies that prioritize profits over your recovery. In Johns Creek, you have the right to benefits that cover your medical expenses, lost wages, and more—but securing those benefits often requires experienced legal help.
At John Foy & Associates, our workers’ comp attorneys in Johns Creek understand how the system works and the tactics insurers use to deny or delay claims. With over 20 years of experience, we’ve helped countless employees get the compensation they need to heal and move forward.
Don’t let your injuries and financial burdens pile up. Contact us today for a free consultation, and let us fight to get the money you’re entitled to. Your recovery starts with the right legal team by your side.
(404) 400-4000 or complete a Free Case Evaluation form